Legal interests protect Ethereum
Publish: 2021-05-11 18:07:33
1. The legal interest of criminal law is the interest protected by the norms of criminal law. However, different social forms, different historical periods and different countries have their own specific connotations and denotations of legal interests of criminal law. Generally speaking, criminal law protects all legitimate interests, such as national security interests, social and economic order interests, citizens' personal rights, property interests and so on. As for whether to protect the illegal interests, for example, after the stolen goods are sold, whether the ownership of the uninformed buyer is protected or not, there are still disputes in the field of criminal law
it is suggested that you read Professor Zhang Mingkai's "a preliminary study of legal interests", so that you can have a deeper understanding of the legal interests of criminal law.
it is suggested that you read Professor Zhang Mingkai's "a preliminary study of legal interests", so that you can have a deeper understanding of the legal interests of criminal law.
2.
Legal interest can be divided into broad sense and narrow sense. In broad sense, legal interest generally refers to all interests protected by law, and rights are also included in legal interest; The narrow sense of legal interest only refers to the interests protected by law, which is a concept corresponding to rights< In short, legal interest is a kind of interest protected by law. Liszt pointed out: "all legal interests, whether personal interests or common social interests, are life interests. The existence of these interests is not the proct of legal order, but the social life itself. However, the protection of law raises the interests of life to legal interests. "
legal rights refer to the means by which the state, through legal provisions, allows and guarantees the subject of legal relationship to decide whether to act or not. Legal right is a concept corresponding to legal obligation, which refers to certain power or interest enjoyed by the subject of legal relationship according to law. It shows that the right holder can do certain behavior by himself or ask others to do or not to do certain behavior. All legal rights are protected by the state. When the rights are infringed, the right holders have the right to appeal to the people's court or the relevant competent authorities for protection
legal interest is a term in criminal law, which refers to the interests protected by law. The concept of legal interest in criminal law can be divided into entity and form
The concept of substantive criminal law legal interest, also known as content and substantial criminal law legal interest, is based on indivialism and focuses on the content of criminal law legal interest. For example, the criminal law legal interest infringed by the crime of fraud and robbery is property, but in addition, there is the interest of preventing fraud and robbery. The concept of formal legal interest of criminal law is based on totalitarianism and focuses on the method of legal interest of criminal law. Taking the crime of fraud and robbery as an example, the legal interest infringed by them is not only property, but also the interest of restraining the intention of illegal gain. This concept is completely spiritual and has no content. The concept of legal interest in criminal law should be based on the content of substance and the concept of form3. 1、 The concept of the principle of legality: the basic meaning of the principle of legality is that it is not a crime without explicit provisions of the law, and it is not punishable without explicit provisions of the law. That is to say, the definition, types, constitutive conditions of criminal acts and the types and range of penalty are all prescribed by law in advance. For acts that are not explicitly defined as crimes in the specific provisions of the criminal law, they shall not be convicted and punished< Second, the basic requirements of the principle of a legally prescribed punishment for a specified crime are as follows:
1. Legalization, that is, the crime and penalty must be prescribed by law in advance, and judges are not allowed to arbitrarily judge
2. Substantialization, that is to say, it is necessary to make substantive provisions on what acts are crimes and the legal consequences of crimes
3. Definiteness, that is to say, the criminal law is clear in words and exact in meaning, without ambiguity or ambiguity.
1. Legalization, that is, the crime and penalty must be prescribed by law in advance, and judges are not allowed to arbitrarily judge
2. Substantialization, that is to say, it is necessary to make substantive provisions on what acts are crimes and the legal consequences of crimes
3. Definiteness, that is to say, the criminal law is clear in words and exact in meaning, without ambiguity or ambiguity.
4. Hello, mainly refers to property rights and personal rights!
5. Of course, the protection is conditional. For example, in the typical black eat black, the illegal legal interests of the party who is black are protected by criminal law
for example, robbing the stolen goods of a burglar constitutes a crime of robbery. At this time, the criminal law actually protects the illegal possession rights of the thief. Of course, it is not robbery for the owner to take back his property. Therefore, such protection belongs to conditional protection<
because the purpose of criminal law is to protect legal interests (including not only legal interests but also illegal interests), the essence of crime is to infringe legal interests. Different understanding of the object of specific crime will lead to different understanding of the constituent elements
it belongs to illegal possession in civil law, but it is protected by criminal law. In civil law, illegal possession is not protected, but from the perspective of criminal law, criminal law must protect illegal possession in some cases. Of course, such protection is conditional, not arbitrarily expanded
for example, in the case of property infringement, the behavior of the owner and the brave man who takes back the thief can not be classified as "black eating black". In this case, of course, the illegal possession of the thief can not be protected. However, in the case of "black eating black", the illegal possession by the black party is the legal interest protected by the criminal law. At this time, the social harmfulness of "black eating black" can not be denied because of the illegality of its legal interest
if the criminal law does not protect the illegal legal interests in this case, it is obviously not in line with the legislative purpose of the criminal law. If we don't protect the illegal legal interests under special circumstances, it will lead to the illegal behavior and connive crime.
for example, robbing the stolen goods of a burglar constitutes a crime of robbery. At this time, the criminal law actually protects the illegal possession rights of the thief. Of course, it is not robbery for the owner to take back his property. Therefore, such protection belongs to conditional protection<
because the purpose of criminal law is to protect legal interests (including not only legal interests but also illegal interests), the essence of crime is to infringe legal interests. Different understanding of the object of specific crime will lead to different understanding of the constituent elements
it belongs to illegal possession in civil law, but it is protected by criminal law. In civil law, illegal possession is not protected, but from the perspective of criminal law, criminal law must protect illegal possession in some cases. Of course, such protection is conditional, not arbitrarily expanded
for example, in the case of property infringement, the behavior of the owner and the brave man who takes back the thief can not be classified as "black eating black". In this case, of course, the illegal possession of the thief can not be protected. However, in the case of "black eating black", the illegal possession by the black party is the legal interest protected by the criminal law. At this time, the social harmfulness of "black eating black" can not be denied because of the illegality of its legal interest
if the criminal law does not protect the illegal legal interests in this case, it is obviously not in line with the legislative purpose of the criminal law. If we don't protect the illegal legal interests under special circumstances, it will lead to the illegal behavior and connive crime.
6. The so-called legal interest is to raise the interest of life to the legal level and turn it into legal interest. Traditional criminal law thinks that what criminal law protects is social relations, while Professor Zhang Mingkai thinks that what criminal law protects is legal interest. The reason why it is said that the protection of legal interests by criminal law is the last resort is based on the degree of protection of legal interests by criminal law. When legal interests are seriously infringed, the punishment means of criminal law will be used. The general infringement of legal interests is protected by civil law, administrative law and other legal means
hope to help you~
hope to help you~
7. Of course, the protection is conditional. For example, in the typical black eat black, the illegal legal interests of the party who is black are protected by criminal law
for example, robbing the stolen goods of a burglar constitutes a crime of robbery. At this time, the criminal law actually protects the illegal possession rights of the thief. Of course, it is not robbery for the owner to take back his property. Therefore, such protection belongs to conditional protection< Because the purpose of criminal law is to protect legal interests (including not only legal interests but also illegal interests), the essence of crime is to infringe legal interests. Different understanding of the object of specific crime will lead to different understanding of the constituent elements
it belongs to illegal possession in civil law, but it is protected by criminal law. In civil law, illegal possession is not protected, but from the perspective of criminal law, criminal law must protect illegal possession in some cases. Of course, such protection is conditional, not arbitrarily expanded
for example, in the case of property infringement, the behavior of the owner and the person who has done a good deed to take back the thief can not be classified as "black eating black". In this case, of course, the illegal possession of the thief can not be protected. However, in the case of "black eating black", the illegal possession by the black party is the legal interest protected by the criminal law. At this time, the social harmfulness of "black eating black" can not be denied because of the illegality of its legal interest
if the criminal law does not protect the illegal legal interests in this case, it is obviously not in line with the legislative purpose of the criminal law. If we don't protect the illegal legal interests under special circumstances, it will lead to the illegal behavior and connive crime.
for example, robbing the stolen goods of a burglar constitutes a crime of robbery. At this time, the criminal law actually protects the illegal possession rights of the thief. Of course, it is not robbery for the owner to take back his property. Therefore, such protection belongs to conditional protection< Because the purpose of criminal law is to protect legal interests (including not only legal interests but also illegal interests), the essence of crime is to infringe legal interests. Different understanding of the object of specific crime will lead to different understanding of the constituent elements
it belongs to illegal possession in civil law, but it is protected by criminal law. In civil law, illegal possession is not protected, but from the perspective of criminal law, criminal law must protect illegal possession in some cases. Of course, such protection is conditional, not arbitrarily expanded
for example, in the case of property infringement, the behavior of the owner and the person who has done a good deed to take back the thief can not be classified as "black eating black". In this case, of course, the illegal possession of the thief can not be protected. However, in the case of "black eating black", the illegal possession by the black party is the legal interest protected by the criminal law. At this time, the social harmfulness of "black eating black" can not be denied because of the illegality of its legal interest
if the criminal law does not protect the illegal legal interests in this case, it is obviously not in line with the legislative purpose of the criminal law. If we don't protect the illegal legal interests under special circumstances, it will lead to the illegal behavior and connive crime.
8. Legal interest can be divided into broad sense and narrow sense. In broad sense, legal interest generally refers to all interests protected by law, and rights are also included in legal interest; The narrow sense of legal interest only refers to the interests protected by law, which is a concept corresponding to rights< In short, legal interest is a kind of interest protected by law. Liszt pointed out: "all legal interests, whether personal interests or common social interests, are life interests. The existence of these interests is not the proct of legal order, but the social life itself. However, the protection of law raises the interests of life to legal interests. "
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